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What is the Locality Rule and Is It Used in New York Medical Malpractice Cases?

October 30, 2019 in
When determining the applicable standard of care in a medical malpractice case, there is a concept followed in New York known as the “locality rule.”  This rule places an importance on taking into account the standards of care within the geographic community (locality), in...
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What is the Standard of Care in a New York Medical Malpractice Case?

October 30, 2019 in
Healthcare providers and hospitals are trusted to safeguard the health of their patients. However, there are times when they fail to exercise the accepted standard level of care expected of them, resulting in serious and potentially fatal injuries.  These injuries can be expensive and...
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How Long Do You Have to File a Medical Malpractice Case in New York?

October 30, 2019 in
There is a time limit known as the “statute of limitations” for filing any type of medical malpractice case. In New York, patients injured by the improper or negligent treatment of a private healthcare professional or hospital have two and a half years to...
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Certificate of Merit in a New York Medical Malpractice Case

October 30, 2019 in
In the state of New York, individuals pursuing a medical malpractice claim are required by law to have their attorneys file a certificate of merit with the original complaint. The purpose of the Statute, New York Civil Practice Law and Rules Section 3012-a, is...
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What are the New York Laws on Shared Fault?

October 27, 2019 in
Determining who was at fault is a vital element in a personal injury claim. Once liability is assigned, it will typically determine how much each party will be responsible for paying for resulting injuries or property damage. When it comes to fault, New York...
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